NAICU Washington Update

Hundreds of Guidance Documents Rescinded

September 03, 2020

The Department of Education has withdrawn hundreds of subregulatory guidance documents it deems to be outdated, including guidance relate to higher education.
According to the department, the guidance documents that have been rescinded have either been superseded by current law or are no longer in effect. Examples of documents that were removed include guidance related to issues such as Title IX, which was superseded by new regulations, and historical occurrences such as natural disasters.
The withdrawal of guidance documents is part of a larger deregulatory effort by the department to reduce unnecessary regulatory burden. As part of this effort, the department established a Regulatory Reform Task Force that solicited public feedback on regulations or guidance that should be repealed, modified, or replaced. A subsequent executive order requires federal agencies to rescind guidance documents that should no longer be in effect and to create a guidance portal containing all regulations currently in effect. The department’s guidance portal was established in February 2020.

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